California Codes, Business and Professions Code - BPC, Division 2 — Healing Arts, Chapter 5 — Medicine, Article 12 — Enforcement, Section 2227.3

(a) The board may delegate to its executive director the authority to issue an administrative confidential letter of advice to a licensee to resolve a complaint for an alleged minor violation of this chapter that is not related to patient care. The letter of advice may include an agreement by the licensee to complete one or more relevant educational courses approved by the board, or its designee, or take other remedial action to resolve the complaint.

(b) The complaint and confidential letter of advice shall be maintained for three years from the date the complaint was received, and if no further complaint against the licensee is received, the complaint and confidential letter of advice shall be purged.

(c) A licensee’s failure to take the remedial action within the timeframe agreed upon constitutes unprofessional conduct.

(d) The board shall adopt regulations pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) to implement this section.

Notes

Allows the board to delegate authority to issue a confidential advice letter resolving a minor, non-patient-care complaint, potentially requiring education or other remedial action. The complaint and letter are kept three years from receipt and purged if no further complaint arrives; failure to complete agreed remediation on time is unprofessional conduct, and implementing regulations are required.

Use as reference

Lexinter.net | California Code, Business and Professions Code - BPC § 2227.3 | https://laws.lexinter.net/codes/california/business-and-professions-code/division-2/chapter-5/article-12/section-2227-3

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